Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Arts and Humanities

2008

Public Law and Legal Theory

Articles 1 - 2 of 2

Full-Text Articles in Law

Solidarity And Subsidiarity In A Changing Climate: Green Building As Legal And Moral Obligation, Jamison E. Colburn Jan 2008

Solidarity And Subsidiarity In A Changing Climate: Green Building As Legal And Moral Obligation, Jamison E. Colburn

Jamison E. Colburn

This essay grew out of a symposium on Catholic social thought. It makes the case for solidarity and subsidiarity as principles of applied (secular) ethics by injecting them into what must be their most challenging context: catastrophic global climate disruption. It argues that the principles of solidarity and subsidiarity hold tremendous potential within our liberal constitutional tradition by exploring the developing trend toward "green building" in the United States. Part I describes what we know about greenhouse gases and climate disruption while Part II frames the principles of solidarity and subsidiarity. Part III explores the phenomenal growth of green building …


Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters Jan 2008

Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters

Timothy W Waters

This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, where since the Dayton Accords the indispensable context for reform has been the international protectorate. This essay examines the assumptions used by the international community to govern Bosnia, which suggest a policy premised upon resistance to the fragmentation of the state under any circumstances, and a belief that the international intervention is simultaneously morally justified and a purely technical process for increasing efficiency. How necessary – indeed, how related at all – are those commitments to the dictates of justice? What is their relationship …